The High Court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings in Crime No.1/2022 for offences under Sections 406 and 419 IPC, as parties entered a joint settlement memo undertaking payment by the petitioner.
The criminal petition was allowed and the proceedings in Crime No.1/2022 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.1520 OF 2022
BETWEEN:
MR. ALEXANDER J., S/O JAYARAJ R., AGED ABOUT 34 YEARS, R/AT NO.51, 2ND FLOOR, JAYANNA COMPOUND 2ND A CROSS, KUTTIYAPA GARDEN, EJIPURA BENGALURU – 560 047.
... PETITIONER
(BY SRI SANJAY YADAV B., ADVOCATE (PHYSICAL HEARING))
AND:
2
MARATHAHALLI, BENGALURU – 560 037.
... RESPONDENTS
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH ENTIRE PROCEEDINGS AS AGAINST PETITIONER IN CR.NO.1/2022 REGISTERED BY THE 1ST RESPONDENT POLICE PENDING BEFORE THE HONBLE IV A.C.M.M. COURT, BENGALURU FOR THE OFFENCE P/U/S 406,419 OF IPC. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in Crime No.1/2022, pending on the file of the IV Additional C.M.M. Court, Bengaluru, registered for the offences punishable under Sections 406 and 419 of the IPC.
lis have entered into a joint memo of settlement on 19.04.2022.
The joint memo of settlement reads as follows:
“ JOINT MEMO OF SETTLEMENT
The Petitioner and 2nd Respondent humbly submit as follows:-
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1. The 2nd Respondent alleging that the petitioner herein has illegally withdrawn amounts to tune of Rs.6,77,211/- from EPFO account had initiated compliant before 1st respondent police leading to registration of FIR which is under challenge in this proceedings.
2. It is submitted that the Petitioner had unconditionally agreed to make a payment of Rs.3,00,000 on or before 19/08/2022 to the Respondent No.2. The Petitioner undertakes to make this payment within the said date solemnly. To facilitate the payment, the Petitioner is issuing the following cheques in favour of Respondent No.2.
| Date | Cheque amount | Cheque bearing **number ** |
|---|---|---|
| 19/04/2022 | Rs.60,000/- | 000001 |
| 19/05/2022 | Rs.60,000/- | 000002 |
| 19/06/2022 | Rs.60,000/- | 000003 |
| 19/07/2022 | Rs.60,000/- | 000004 |
| 19/08/2022 | Rs.60,000/- | 000005 |
The aforementioned cheques are drawn on IDFC First Bank, Kasturi Nagar Branch, Bangalore
3. The Petitioner undertakes to unconditionally honour the aforesaid payment without any delay or demur.
4. In view of the above, and based on the solemn undertaking by the Petitioner, the Parties have filed the instant memo.”
In terms of the afore-extracted joint memo of settlement,
which indicates certain amount to be paid by the petitioner in favour of respondent No.2 and that the parties have arrived at
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settlement, I deem it appropriate to terminate the proceedings
initiated against the petitioner for the afore-quoted offences.
ORDER
Sd/JUDGE
nvj CT:MJ
2 issues framed by the court
Whether criminal proceedings under Sections 406 and 419 IPC should be quashed upon filing of a joint settlement memo.
Whether the trial court should terminate proceedings initiated against the petitioner for the charged offences.
1 provisions across 1 enactments
Mr. Alexander J.
State of Karnataka
Srinivas Rao Turupati
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
